Home 9 MAD News 9 Another Win for The Law Offices of Melissa A. Day!

Another Win for The Law Offices of Melissa A. Day!

Jul 22, 2020 | MAD News, NYS Workers Compensation

In a Reserved Decision, Judge Balogun ruled that a claimant was not entitled to multiple SLU awards or loss of wage earning capacity as there was no permanency or schedule assignable for the injuries sustained. The claimant suffered work injuries to the neck, back and bilateral shoulders when they were rear-ended. The claimant had minimal lost time, no surgeries, little to no conservative treatment and was managed on over-the-counter medications, and was released back to work three days after the injuries. The Judge reasoned that there was sparse evidence of treatment or lost time on the claim and found the carrier’s IME more credible than the treating physician. We took the deep dive into the file to explore the claimant’s treatment pattern and modalities as well as lost time from work. In doing so we were able to layout for the Judge that the claimant did not have any attributable permanency or schedule loss of uses based on the detailed history outlined in our memorandum of law.

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